Requires all operators of mechanically propelled vessels to hold a boating safety certificate

BILL NUMBER:S4704

Title of bill

An act to amend the navigation law, in relation to requiring all persons who operate a mechanically propelled vessel to hold a boating safety certificate

Purpose or general idea of bill

To ensure that children under the age of sixteen who plan to operate a mechanically propelled vessel (boating vehicle) are accompanied by an adult who possesses a boating safety certificate.

Summary of specific provisions

Amends subdivisions 1, 1-a and 3 of §49 of the Navigation Law, subdivisions 1 and 3 as amended by Chapter 805 of the Laws of 1992 and subdivision 1-a as added by Chapter 138 of the Laws of 1998. Adds paragraph b (i) to subdivision 1 to require operators of mechanically propelled vessels under sixteen years of age to be accompanied by a person who is sixteen years of age or older who holds a boating safety certificate. Adds paragraph b (ii) to subdivision 1 to allow operators at thirteen years of age to operate a mechanically propelled vessel if it is propelled solely by a motor of less than one horsepower or is at least twelve feet long and propelled by a motor often horsepower or less.

Justification

New York State law currently allows children ten years and older to operate a mechanically propelled vessel on the waters of New York without supervision by an adult who possesses a boating safety certificate. Boating Safety Certificate courses are designed so that an operator of a boat is educated on how to properly and safely operate such a vessel. This legislation would require children under the age of sixteen to be accompanied by a person at least sixteen years old who possesses a boating safety certificate.

The United States Department of Transportation, United States Coast Guard Commandant Publication P 16754.14 (October 1, 2001), published statistics that show that "eighty-four (84) percent of all boating fatalities occurred on boats where the operator had not completed a boating safety education course." In addition, "nearly 70 percent of all reported accidents involve operator controllable factors", including "operator inattention, careless/reckless operation, operator inexperience, operating at an unsafe speed and no proper lookout". Id.

These statistics make it clear that the state should take action to ensure that inexperienced operators (particularly minors) of mechanically propelled vessels, not just personal watercraft, be encouraged to obtain a boating safety certificate issued by the commissioner, the United States power squadrons, the United States Coast Guard Auxiliary, or other state or government, as a result of

completing a course approved by the Commissioner of Parks, Recreation and Historical Preservation. The average length of these types of courses are approximately 8 hours and cost somewhere between $25 and $75 (subject to change; based on the Reference Guide to State Boating Laws, Sixth Edition, National Association of State Boating Law Administrators).

This legislation creates a requirement to adhere to appropriate safety standards that minors, and their families, should find to be beneficial in the long term. The requirement would provide children with the opportunity to enjoy and learn about operating a low powered and difficult to maneuver vessel in an environment where they would not be putting themselves or others in excessive risk of injury or death.

Prior legislative history

2009-10: S.2606 Senate Transportation Committee 2007-08: Senate Transportation Committee

Fiscal implications

None to state or local government.

Effective date

Immediately, with provisions.